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WASHINGTON, D.C. – America First Legal (AFL) filed an amicus brief with the Arizona Supreme Court in Fontes v. Republican National Committee, supporting the Republican National Committee (RNC) in its challenge to Arizona Secretary of State Adrian Fontes’ unlawful attempt to bypass state law and rewrite Arizona’s Elections Procedures Manual (EPM).
The EPM is a comprehensive set of binding rules that governs how all Arizona counties conduct elections, from early voting and ballot distribution to counting and storage. These make uniform statewide election procedures mandatory for all election officials and carry criminal penalties for violations.
Fontes cut in half the legally required thirty-day public comment period, giving Arizonans just fifteen days to weigh in on sweeping election rules affecting every county, every ballot, and every vote. The amicus argues that, by limiting public input, Fontes is violating state law and undermining Arizona’s elections.
The Arizona Court of Appeals already ruled that Fontes violated the Arizona Administrative Procedure Act (APA) by limiting the public review period. Now, he is appealing, asking the state’s highest court to let him rewrite election rules without full public input, claiming the Secretary of State’s office shouldn’t be bound by the same procedures as every other agency.
AFL’s brief makes clear that Arizona law requires full public participation in election rulemaking. Arizona’s EPM statute and APA work hand-in-hand — and both demand transparency, accountability, and meaningful public input.
“No official has the power to rewrite state election rules surreptitiously,” said James Rogers, Senior Counsel for America First Legal. “The law demands transparency, the people deserve a voice, and the Arizona Supreme Court must put an end to this unlawful power grab.”
America First Legal is standing with the RNC to defend election integrity in Arizona and ensure that no official can bypass the law to impose rules made unilaterally behind closed doors.
Read the amicus brief here.
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